Keystone Manufacturing Co. v. Cassellius
Supreme Court of Minnesota
Action in the district court for Scott county to recover $319.25, the amount alleged to be due on three several promissory notes executed by defendant Cassellius and guarantied by defendant Fred. Habegger. The complaint alleged that the consideration for these notes was a corn husker sold by plaintiff to defendant Cassellius.
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Action in the district court for Scott county to recover $319.25, the amount alleged to be due on three several promissory notes executed by defendant Cassellius and guarantied by defendant Fred. Habegger. The complaint alleged that the consideration for these notes was a corn husker sold by plaintiff to defendant Cassellius. The complaint further alleged that, prior to the com- ' mencement of the suit, plaintiff had taken possession of the corn husker, had sold the same and applied the proceeds, less costs, in part payment of one of the notes. Defendant Cassellius demurred to the complaint…
1Opinion of the Court
COLLINS, ,T
There is no substantial difference between the instruments on which this action is based and those considered in C. Aultman & Co. v. Olson, 43 Minn. 409, 45 N. W. 852, in which it was held, on the authority of Third Nat. Bank v. Armstrong, 25 Minn. 530, and Minneapolis Harvester Works v. Hally, 27 Minn. 495, 8 N. W. *117597, that the instruments in question constituted a conditional sale of the property therein mentioned, and'that an action could not be maintained thereon against the vendees after the property, which was the expressed consideration for the execution and delivery of…
2Cases cited4 opinions
- Minneapolis Harvester Works v. HallySupreme Court of Minnesota · 1881
- Third National Bank v. ArmstrongSupreme Court of Minnesota · 1879
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1890
- Brewster v. BakerNew York Supreme Court · 1855
3Cited by22 opinions
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Continental Guaranty Corp. v. Peoples Bus LineSuperior Court of Delaware · 1922
- Stewart & Holmes Drug Co. v. ReedWashington Supreme Court · 1913
- Alden v. Dyer & BrotherSupreme Court of Minnesota · 1904
- Norman v. MeekerWashington Supreme Court · 1916
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